Tenancy when one partner moves out

Lisajh73

Hello
Looking for advice as my daughter has a joint 12 month tenancy with her partner. The tenancy is up Dec 19. Problem is my daughters partner has left my daughter and also left her to pay the full rent and all the bills which she obviously can not afford. My daughter has mental health issues so even if she could get someone to replace her partner she wouldn’t cope with a strange person living with her. Does my daughter have to pay the full tenancy including her ex partners share of the rent or can the letting agents chase the ex partner for breech of tenancy and not paying her share of the rent. Thank you in advance
Lisa 🐙

anselld

Assuming both are named on the tenancy then it is "joint and several" liability.

This means that they can chase either named person for the full rent. So yes, whilst they could chase the partner they are more likely to concentrate on chasing the person in residence. If that doesn't work they will seek to regain possession and then chase both for arrears and any damages.

It may be safer for her to seek early surrender and look for somewhere cheaper.

Comms69

Lisajh73 wrote: »

Hello
Looking for advice as my daughter has a joint 12 month tenancy with her partner. The tenancy is up Dec 19. Problem is my daughters partner has left my daughter and also left her to pay the full rent and all the bills which she obviously can not afford. My daughter has mental health issues so even if she could get someone to replace her partner she wouldn’t cope with a strange person living with her. Does my daughter have to pay the full tenancy including her ex partners share of the rent or can the letting agents chase the ex partner for breech of tenancy and not paying her share of the rent. Thank you in advance
Lisa 🐙

Yes she must pay the full rent

G_M

Lisajh73 wrote: »

....Does my daughter have to pay the full tenancy including her ex partners share of the rent or can the letting agents chase the ex partner for breech of tenancy and not paying her share of the rent.

Both.
Or either.

The landlord can choose to chase either of the joint tenants individually.
Or to chase them both jointly.

But in practice it is easier to chase the one who remains in occupation.

Your daughter should speak to the LL and explain the problem. The best solution seems to be for the tenancy to be surrendered and for your daughter to move out, but this will require the agreement of all parties:
* daughter
* ex partner
* landlord

HampshireH

Yes they/she is. If there is a guarentor in the equation to then they need to be aware the LL may come a calling

Lisajh73

Thanks for your replies, will speak to LL or letting agent to explain situation and hope they will allow her to end tenancy once they found another tenant for the flat.